kottke.org posts about pearloysterbar

Regarding the food plagiarism business from yesterday, Ed Levine reports that he visited both restaurants yesterday and has some further thoughts on the situation. I think he nails it with this observation: “He was her right-hand man for six years, with complete and unfettered access to her creativity, recipes, craftsmanship, and even the combination to her safe. Charles is a smart, fiercely independent, tough-minded chef and businessperson who misplaced her trust when she gave her chief lieutenant all that access. McFarland, bereft of his own ideas, decided to open what is, for all intents and purposes, a clone of Pearl.”

Many parallels here to the design/art/film world…what is mere inspiration versus outright theft? The key question in these kinds of cases for me is: does the person exercise creativity in the appropriation? Did they add something to it instead of just copying or superficially changing it? Clam shacks are everywhere in New England, but an upscale seafood establishment with a premium lobster roll is a unique creative twist on that concept brought to NYC by Charles. An upscale clam shack blocks away from a nearly identical restaurant at which the owner used to work for six years…that seems a bit lame to me, not the work of a creative restaurateur. Who knows how this stuff is going to play out legally; it’s a complex issue with lots of slippery slope potential.